The proposed bill seeks to amend the Code of West Virginia by introducing a new section, designated as 15-1B-1a, which is titled the "Defend the Guard Act." This legislation mandates that members of the West Virginia National Guard cannot be released from state control to engage in active-duty combat unless there is an official declaration of war or a specific action taken by the United States Congress to call forth the state militia. The bill emphasizes the constitutional authority of Congress over war powers and outlines the historical context of this authority through references to notable framers of the Constitution.

Additionally, the bill defines key terms such as "active duty combat" and "official declaration of war," clarifying the conditions under which the National Guard may be mobilized. It stipulates that the Governor must ensure compliance with these requirements, reinforcing the legislative intent to uphold the constitutional separation of powers regarding military engagement. Overall, the bill aims to assert state control over the National Guard in matters of military deployment, aligning with the principles of constitutional governance.

Statutes affected:
Introduced Version: 15-1B-1a